MDMA Laws and Penalties
MDMA, Ecstasy or the commonly referred to drug “Molly” is universally regarded as a widely used party drugs on a worldwide scale. The drug is utilized heavily in the rave culture, at night clubs and music festivals. The drug reacts with the blood to , increase the feelings of sociability, create euphoric sensations, improve communication skills, and bring a feeling of inner peace. Throughout the United States, ecstasy is known by its street name “Molly” The slang terminology for those that are under the influence of it is known as “rolling”. There have been increased death attributable to MDMA, which can have a direct correlation to the drugs popularity. Ecstasy induced deaths due occur with most being on the premises of a rave location or night club due to excessive dehydration or overheating. Due to Molly’s synthetic nature and lack of side effects following immediate use, it has become a popular drug worldwide from celebrities down to commo every day couples at home.
The United States government has been working since the 80’s to combat and control the influx and use of MDMA. In 2000/2001 the government passed the Ecstasy Anti-Proliferation Act. This Act made the US Sentencing Commission review the sentencing guidelines currently in effect for MDMA (Schedule I Drug) vs. other drugs of the same nature. MDMA is classified as a Schedule I drug by the United States. Other Schedule I drugs include LSD, heroin and cannabis (Marijuana or Marihuana). According to the United States government, MDMA does not offer any acceptable medical benefits, therefore, cannot be used as a medical treatment.
In the Unites States Sentencing Commission Guidelines they describe the changes in sentencing guidelines for MDMA from the once lower end guideline sanctions to the current punitive guidelines that follow most other drugs. As a general rule the sentencing guidelines for major drugs of abuse – as well as statutory mandatory minimum penalties set by Congress – generally attempt to distinguish between high level “kingpin” distributors and low level, local distributors. The penalties for drug trafficking generally are structured so that “major traffickers” (traffickers responsible for manufacturing or delivering large quantities) receive ten-year sentences, and “serious traffickers” (managers of retail level traffic and those involved in substantial street quantities) receive five-year sentences. DEA representatives describe the relationship between number of pills handled (at a single point in time) and functional role in the distribution network as that listed in the table below:
|Importers:||50,000 to 100,000 pills|
|Upper- and middle-level distributors:||5,000 to 10,000 pills|
|Local distributors:||500 to 1,000 pills|
|Hand-to-hand dealers at a rave:||50 to 100 pills|
This information suggested that the guideline sentences for offenders with 500 to 1,000 pills would be classified as local distributors – and the sentencing recommendation would be approximately five years from the US Attorney’s Office. Based on the advice from the US Sentencing Commission the revamped the laws and penalties for the possession, sale and supply of Molly as follows:
A person found guilty of manufacturing and/or distributing 50 grams or more of MDMA may be sentenced to a prison term of not less than 10 years and/or fines of not less than $4 million and $10 million for individuals and non-individuals respectively
If the distribution of the drug has resulted in a death or serious injury, the prison term may extend to 20 years and the penalties may be revised to $8 million and $20 million for individuals and non-individuals respectively
Possession of 5 grams or more of MDMA can result in an imprisonment of 5 years to 40 years for the individual
Where the possession of MDMA results in a serious injury or death due to the drug, the prison term may exceed 20 years and a fine of $2 million will be paid by the possessor being an individual or $5 million by the possessor being any person other than an individual.
Florida State Sentencing
Just as the drug is deemed illegal by the US Government, The State of Florida implemented stringent regulations that prohibit the use of MDMA. This applies to both compounded, color-coated Molly in pill form as well as powdered MDMA. Florida Statutes defines Trafficking and Possession of MDMA in Florida Statute 893.135 and the general penalty is as follows:
Possession of MDMA constitutes the “possession of unlawful chemical” offence and carries a penalty if convicted of up to 15 years in state prison as a second-degree felony.
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